That is correct, but they must exercise freedom of movement correctly. Which is adequate income, healthcover, and not committing majot crimes! If they want a carte de séjour they can ask for one, but may struggle to get a Préfecture to give them one. We got one a while before brexit as we were worried (correctly) about the wrting on the wall.
@JaneJones has clarified the situation… for an EU person… “they should be able to meet the requirements”…
in my efforts to understand why the 5-year CdS was not granted to the non-EU-person… I was getting myself tied in knots and ended up putting things badly…
apologies
It will be interesting to see if recently moving the application process away from prefectures to the online ANEF platform for all EU CdS will make it easier for EU citizens to get a ‘voluntary’ CdS. Theoretically France and its prefectures have little discretion in the matter as the approval process is heavily governed by the EU regs, but…this is France…!
Thank you George i will keep this message on file. Inam.maybe going to try at beginning December for renewal . As 4 months before is Christmas !
Morning Jane
Yes i understand that, we both have S1 and mutuelle. His pension is sufficient if it was just him.
However if they ask if you sre married one assumes in that case they take into account the partners funds.
When i applied for my CDS i did state his Pension plus savings and included my pensions etc .
I guess we will see at my renewal. Plus yes we are applying for a cds for him now we have purchased .
Thank you
No worries Stella. You could well be correct and its to do with Steve’s pension not being sufficient for us both. However we do have savings as well. Plus as i replied to Jane surely if they are going to take into account you are married then they should include joint savings ,/ pensions etc.
Ce la vie
An attestation stating mutual financial support would probably be more useful for French administration. Spreadsheets don’t mean anything unless all the justificatifs are attached.
But at your next renewal you will have an avis d’impôt which gives the revenu fiscal de référence (RFR) of the household, which will be what is used.
There is very often a clause in EU regs saying that member states have discretion to be more generous but not to be less generous.
Just wondering out of curiosity in what circumstances an EU national living in France might find it advantageous to have a CdS. When renewing a French driving licence on the ANTS platform, for example, they ask the question about nationality early on. If you have an EU passport, you just upload a scan of that. You’re only required to upload a scan of your CdS if you have a non-EU nationality.
One situation is exactly this, it can make things easier for a non eu spouse if the eu spouse has a cds… Another example is if applying for chômage or any other benefit where “regular” residence i.e. in accordance with the regulations, the opposite of ‘irregular’, is a pre condition. Basically any situation where yoi need to demonstrate regular residence in France, it is easier to show a cds, than provide a ton of documents each time and risk being asked for more.
An eu passport shows you have the right to exercise FOM to reside in France. A cds is official confirm from the prétecture that you are exercising that right correctly
or I could be completely wrong, and the “hiccup” has been due to someone “in the office” taking a differing understanding of the system… (dare we suggest they issued your 1-year instead of 5-year CdS by mistake… ??? )
Could you link to where it actually states that a non EU spouse/partner of an EU citizen should always be issued with a 5 year card?
Unless there is such a rule that has been flouted then I do not see a mistake.
Luckily I finally managed to get Irish citizenship for my husband so as of a few weeks ago, we are both EU nationals now. Although we’re having great trouble actually getting his first Irish passport. Jeez, I thought France was bad.
@George1 has certainly delved into this quite thoroughly… and reported elsewhere on the forum…
perhaps he can give us a recap… ???
and, fair enough, it might not “always be the rule” but it would be helpful/calming if an explanation was given to the Applicant… of why the 5-year was withheld
Hi Jane
Yes they had all been attached. I only dod spreadsheet as theee of my annuities are paid 3 monthly, then oap and other. She seemed happy with spreadsheet .
Yes i am still waiting to hear re impots so i have tax number.
probably both
Certainly. See article 11(1) of 2004/38/CE, the EU regs dealing with moving to and residing an EU country.
For EU citizens and their families, it’s a 5 year card
to begin with, then a “permanent” resident card of 20 years for citizens, 10 years for family members, both automatically renewable.
I fear Tranmere’s prefecture have very much invented their own rules in issuing her with a 1 year card. The sole exception to the 5 year period is where the EU citizen is only coming to an EU country for less than 5 years, in which case the family CdS is reduced appropriately.
I agree. My wife, an EU citizen, has nothing to show “officially” she is resident here in France, as she doesn’t have a CdS. Obviously you can show passports etc to demonstrate the right to be here, but it’s not the same as an official looking French state document like a CdS, from a purely convenience point of view. She is thinking of getting one just to avoid endlessly having to produce her passport for the authorities. Now that the application process is online, rather than requiring booking a rdv, and going on a trip to the prefecture, she might well go for the CdS.
Pre-Brexit I had a CdS and proved very useful for things like hospital admissions as showing I was entitled to be here.
OK, thanks Jane.
I haven’t had any problems (yet) with using the Irish passport to prove my right to be in the country.
But if it becomes an issue it’s good to know the procedure for getting a CdS has now moved online.